Supreme Court of India · 1977-02-09
KRISHAN MURARI LAL SEHGAL vs STATE OF PUNJAB
- Citation / case number
- SC 1969/60209
- Court
- Supreme Court of India
- Petitioner
- KRISHAN MURARI LAL SEHGAL
- Respondent
- STATE OF PUNJAB
- Author
- P.K. GOSWAMI
- Bench
- P.K. GOSWAMI
Judgment text excerpt
The Supreme Court held that under Article 311(1) of the Constitution, a government servant cannot be dismissed by an authority subordinate to the appointing authority. The Court found that the Financial Commissioner, being subordinate to the Governor, lacked the authority to dismiss the appellant, who was confirmed under the Patiala and East Punjab States Union Civil Services (Punishment and Appeals) Rules, 1953. The dismissal was thus deemed illegal, and the appeals were allowed, reversing the High Court's decision.